State Codes and Statutes
Statutes > Nebraska > Chapter28 > 28-70728-707. Child abuse; privileges not available;penalties.(1) A person commits child abuse if he or sheknowingly, intentionally, or negligently causes or permits a minor child tobe:(a) Placed in a situation that endangers his or her life or physicalor mental health;(b) Cruelly confined or cruelly punished;(c) Deprived of necessary food, clothing, shelter, or care;(d) Placed in a situation to be sexually exploited by allowing, encouraging,or forcing such minor child to solicit for or engage in prostitution, debauchery,public indecency, or obscene or pornographic photography, films, or depictions;or(e) Placed in a situation to be sexually abused as defined in section 28-319, 28-319.01, or 28-320.01.(2) The statutory privilege between patient and physician, between clientand professional counselor, and between husband and wife shall not be availablefor excluding or refusing testimony in any prosecution for a violation ofthis section.(3) Child abuse is a Class I misdemeanor if the offense is committednegligently.(4) Child abuse is a Class IIIA felony if the offense is committed knowinglyand intentionally and does not result in serious bodily injury as definedin section 28-109.(5) Child abuse is a Class II felony if the offense iscommitted knowingly and intentionally and results in serious bodily injuryas defined in such section.(6) Child abuse is a Class IB felony if the offense is committed knowinglyand intentionally and results in the death of such child. SourceLaws 1977, LB 38, § 146; Laws 1982, LB 347, § 10; Laws 1993, LB 130, § 3; Laws 1993, LB 430, § 3; Laws 1994, LB 908, § 1; Laws 1996, LB 645, § 15; Laws 1997, LB 364, § 9; Laws 2006, LB 1199, § 9; Laws 2010, LB507, § 3.Operative Date: July 15, 2010 Cross ReferencesAppointment of guardian ad litem, see section 43-272.01. AnnotationsInvoluntary manslaughter is a lesser-included offense of child abuse resulting in death, and the jury should be so instructed if there is a rational basis upon which it could conclude that the defendant committed child abuse negligently, but not knowingly and intentionally. State v. Sinica, 277 Neb. 629, 764 N.W.2d 111 (2009).Multiple convictions for second degree murder and child abuse resulting in death do not violate the Double Jeopardy Clauses of the state or federal Constitution. State v. Molina, 271 Neb. 488, 713 N.W.2d 412 (2006).Negligent child abuse and intentional child abuse are lesser-included offenses of child abuse resulting in serious bodily injury and child abuse resulting in death. State v. Molina, 271 Neb. 488, 713 N.W.2d 412 (2006).Evidence must be sufficient for the factfinder to conclude beyond a reasonable doubt that the unlawful conduct resulted in death. State v. Muro, 269 Neb. 703, 695 N.W.2d 425 (2005).This section contains multiple gradations of felony child abuse, depending upon the result of the abusive conduct. State v. Muro, 269 Neb. 703, 695 N.W.2d 425 (2005).Misdemeanor child abuse is a lesser-included offense of felony child abuse. State v. Parks, 253 Neb. 939, 573 N.W.2d 453 (1998)."Endangers" as used in subsection (1)(a) of this section means to expose a minor child's life or health to danger or the peril of probable harm or loss. State v. Crowdell, 234 Neb. 469, 451 N.W.2d 695 (1990).Subsections (1)(a) and (c) of this section are not void for vagueness and are thus constitutional. State v. Crowdell, 234 Neb. 469, 451 N.W.2d 695 (1990).The term cruelly punished as used in this statute has acquired a relatively widely accepted connotation in the law and is capable of an easily understood meaning. State v. Sinica, 220 Neb. 792, 372 N.W.2d 445 (1985).A general finding of guilt under this section would not be a finding of felony assault because it is possible to commit the crime of child abuse by means other than by felony assault. In re Interest of Janet J., 12 Neb. App. 42, 666 N.W.2d 741 (2003).Jury instruction given by trial court adequately distinguished the crimes of intentional child abuse and negligent child abuse. State v. Fitzgerald, 1 Neb. App. 315, 493 N.W.2d 357 (1992).
